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Archive: 09 December 2024

Posts in 09 December 2024

Jurisdiction u/s. 153C impermissible as satisfaction of seized material belonging to assessee not fulfilled

December 9, 2024 471 Views 0 comment Print

Delhi High Court held that assuming jurisdiction under section 153C of the Income Tax Act impermissible unless it is satisfied that document / seized material belonged to the assessee. Thus, appeal dismissed.

Conditional bail granted to CHA involved in transport of drugs since already in custody for 3 years: Bombay HC

December 9, 2024 171 Views 0 comment Print

Bombay High Court granted conditional bail to Customs House Agent involved in transportation of drugs since applicant is already in custody for last 3 years and conclusion of trial in near future is a remote possibility.

Customs duty not leviable on personal jewellery having a used personal effect: Delhi HC

December 9, 2024 924 Views 0 comment Print

Thus, personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of the 2016 Rules.

Cost imposed as order issued u/s. 143(3) wrongly challenged assuming it as draft assessment order u/s. 144C

December 9, 2024 420 Views 0 comment Print

Delhi High Court held that order issued u/s. 143(3) of the Income Tax Act wrongly challenged on the assumption that it is draft assessment order u/s. 144C is untenable in law. Accordingly, cost of ₹1,00,000/- imposed on petitioner.

Disallowance u/s. 14A unjustified since own funds available more than investments made: ITAT Ahmedabad

December 9, 2024 366 Views 0 comment Print

Thus all the provisions relied upon by the Ld. AO would apply only in a case where an “asset” is “transferred” in the course of “amalgamation” by “transferor company” to the “transferee company” and would not apply when a particular “asset” is a “result” of amalgamation.

Interest u/s. 28AA of Customs Act not leviable on person ineligible for benefit under FTP: Kerala HC

December 9, 2024 204 Views 0 comment Print

Kerala High Court held that person found ineligible for any benefit received under the terms of any scheme under the Foreign Trade Policy (FTP) is not liable to pay interest under section 28AA of the Customs Act, 1962.

Additional depreciation u/s. 32(1)(iia) admissible on process of compression of natural gas: ITAT Ahmedabad

December 9, 2024 186 Views 0 comment Print

PCIT was of the view that mere process of compression of natural gas cannot be considered to be a manufacturing activity for the purpose of claim of additional depreciation.

Protective addition deleted as income already included and tax paid by assessee’s wife: ITAT Delhi

December 9, 2024 327 Views 0 comment Print

ITAT Delhi held that protective addition in the hands of assessee deleted as substantial addition already made in the hands of the assessee’s wife and tax is already paid on the same. Accordingly, addition deleted.

Bail granted in issuance of fake GST invoice as accused already in custody for more than 7 months

December 9, 2024 363 Views 0 comment Print

Rajasthan High Court accepted bail application in the case of issuance of fake GST invoice since maximum punishment for the alleged offence is five years and accused has already suffered custody of more than seven months.

Delay in filing of Form BEN-2: MCA imposes Penalty

December 9, 2024 1017 Views 0 comment Print

Registrar of Companies imposes penalty on Atomy Enterprise India Pvt Ltd for non-compliance with Section 90 of Companies Act, 2013. Read the case details and analysis.

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